Kinder Morgan Illinois Pipeline LLC

Original Volume No. 1

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Effective Date: 12/01/2007, Docket: RP08- 34-000, Status: Effective

Original Sheet No. 164 Original Sheet No. 164 : Effective

 

 

GENERAL TERMS AND CONDITIONS

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Section 12.1(b) of these General Terms and Conditions. A Shipper

shall not be obligated to pay any reservation or demand charges for

suspended service attributable to the period when that service is

suspended.

 

(c) At any time after a Shipper is determined to be

noncreditworthy by KMIP, the Shipper may initiate a creditworthiness

re-evaluation by KMIP. As part of the Shipper's re-evaluation request,

the Shipper must either update or confirm in writing the prior

information provided to KMIP related to the Shipper's

creditworthiness. Such update should include any event(s) that the

Shipper believes could lead to a material change in the Shipper's

creditworthiness. Such reevaluation shall be performed consistent with

Section 12.1(a) of these General Terms and Conditions. After KMIP's

receipt of such a request for credit reevaluation including all

required information under this Tariff for evaluation of credit, KMIP

shall provide a written response to Shipper within five (5) Business

Days. Such written response should include either a determination of

creditworthiness status, clearly stating the reason(s) for KMIP's

decision, or an explanation supporting a future date by which a

reevaluation determination will be made. In no event should such

reevaluation determination exceed twenty (20) Business Days from the

date of the receipt of Shipper's Request unless specified in this

tariff or if the parties mutually agree to some later date. If KMIP

determines that Shipper is now creditworthy without security, any

security requirements under Section 12.1(b) of these General Terms and

Conditions shall be terminated and any prepayment amounts (including

any applicable interest) released to Shipper from escrow within five

(5) Business Days after such determination.

 

(d) In addition to suspension, KMIP may terminate service

if the Shipper fails to provide adequate assurance of future

performance consistent with Section 12.1(b) of these General Terms and

Conditions. Any such termination requires thirty (30) days' prior

notice to Shipper and to the Commission. To avoid termination, the

Shipper must satisfy Section 12.1(b) of these General Terms and

Conditions within this notice period. Such notice may be given

simultaneously with the notice provided for in Section 12.2(a)(1) of

these General Terms and Conditions.

 

(e) In addition to any prior notice provided for above,

KMIP shall simultaneously notify the Commission in writing of any

suspension or termination of service under this Section 12.2.

 

(f) KMIP may not take any action under this Section 12.2

which conflicts with any order of the U. S. Bankruptcy Court.